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I had a question about my mother and her estate. california,

Hello, I had a...

Hello, I had a question about my mother and her estate.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

I have power of attorney and power of attorney for healthcare, but she never created a will or trust. She has been in the hospital and wanted me to help figure out what to do. I am her only child.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so, thank you.

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Answered in 5 minutes by:
6/27/2017
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,035
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Hi. Can youru provide me a bit more information? What is the approximate value of your mom's estate? And, is your mom mentally competent? I'm presuming she is not married...is that correct? Thank you!

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I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

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Customer reply replied 1 year ago
Hello Richard, thank for your response I had to run into a meeting. It's around $700,000 in monetary value. Not much value in physical possessions. I am either joint on the bank accounts or the beneficiary. She recently ended up in the hospital and I am probably going to have to move her to an assisted living or nursing home. She had been living independently in a senior apartment building and I had stated noticing she was having a decline in her memory, which was made much worse since she went into the hospital. She knows who I am and is count on me to take care of everything for her. She just seems to have bouts of confusion.

Thanks for following up. If you are on the accounts and/or the beneficiary, then you don't need to worry about whether or not she has a will as no probate will be needed and the will won't be relevant as to the assets you reference. Certain assets pass outside probate and thus are not governed by the will and thus do not require probate. These include the following: i) joint brokerage and bank accounts which vest automatically in the surviving owner upon the death of one owner; ii) real property held as joint tenants or tenants by the entirety, which also vest automatically in the surviving owner upon the death of one owner; and iii) assets with designated beneficiaries other than the estate such as life insurance and retirement accounts. The assets you reference would all fall within the foregoing.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,035
Experience: Attorney with 29 years of experience.
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Customer reply replied 1 year ago
Thank you Richard, that was very helpful. Just one more questions regarding her possessions. I will probably be putting them in storage and she already has two exhisting storage units. Am I able to decide what to do with these things, little to no value? Also she has pretty new car and will not be able to drive anymore. The title is in her name. What am I able to with the car? I might be interested in taking it on (would I have to purchase it?). Thanks again.

You're very welcome. Yes, as her POA, you do have the authority to decide what to do with these assets, including selling the car. But, you want to do it prior to her death as your POA automatically terminates upon death.

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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